MP High Court Asks Centre To Make COVID Guidelines To Be Followed By Media Persons While Reporting

The Madhya Pradesh High Court has asked the Ministry of Information and Broadcast, Government of India to examine and decide expeditiously a plea seeking issuance of COVID specific guidelines for for electronic media, TV Channels, producers and journalists etc. to be followed while performing their duties, reporting, taking interview of public or politicians, etc. by wearing face mask and maintaining physical distancing.

A division bench comprising of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla ordered thus:

"In our considered view, the petitioner has raised quite significant issues of relevance in the present context, which ought to engage attention of the Ministry of Information and Broadcast, Government of India. We, therefore, deem it appropriate to dispose of this writ petition by requiring the petitioner to file a comprehensive representation, alongwith all material which he has placed before this Court in the present writ petition, before the Secretary, Ministry of Information and Broadcast, Government of India, who may examine the matter and do the needful by deciding the same expeditiously in accordance with law by communicating the outcome thereof to the petitioner."

The PIL was filed by a practicing lawyer against the inaction of the respondents as they have failed to make proper Covid Specific guidelines for electronic media, TV channels, TV news channels, TV journalists/reporters, sports broadcast.

Submitting that TV programmes, reality shows, news channels etc., influencing the society by their thoughts, words, personality and performances, have e failed to implement existing guidelines issued by UNICEF and Press Council of India, the lawyer contended that apart from the adopted norms for Journalistic Conduct 2020 providing for "Guidelines on reporting of COVID-19 and Safety Measures for Journalists", there are no Covid specific guidelines issued by the authority or stakeholders of the news channels and electronic media broadcasters as regards to electronic media and tv news channels.

Various incidents were flagged by the lawyer including players being tested positive during the IPL match this year from Chennai Super Kings and Kolkata Knight Riders teams. Additionally, other incidents including 2 contestants of music reality show 'Indian Idol'and 'Dance Deewane Season 3' had tested Covid positive.

It was therefore submitted that the statutory or health warnings at the beginning, middle and end of TV shows or telecast etc informing people about the safety measures being followed while recording or conducting such programs and also for informing them that even bio bubbles are not 100% effective, along with proper advice to use mask and maintain physical distance is essential for the safety, health and awareness of citizens amidst the spread of Coronavirus.

The plea sought the following prayers:

- To issue direction that guidelines be made for all the TV Channesl and Makers/produces/owner/broadcasters of all reality shows, serials, series, sports, telecasts, award shows etc, to display a warning, caution, disclaimer/declaration whatsoever, at the beignning, middle and end of the show/telecast/broadcast declaring that all the performers of this program/show/sports/game etc. are performing under proper care and observation of medical professionals, are following special safety measures, residing and performing under bio bubble, also informing that BIO BUBBLe is not 100% effective. That they do not promote anyone to not wear mask and not follow physical distance. Along with an appeal to their viewers, to wear mask, maintain physical distance, adhere to all the guidelines provided by Govt. authorities, consult doctors in case of fever, cough, cold etc and go outside only when necessary.

- To make Covid specific guidelines, for electronic media, TV news channels, anchors and journalists, to be followed while performing their duties, reporting, taking interview of public or politicians, etc. Including but not limited to maintain physical distance between them as well as among the public, wear mask and PPE Kit (Personal Protection Equipment Kit) while taking interviews or interacting with public and not telecast anything which promote the notion of not weatrng mask and not maintaining physical distancing, or create distrust against the covid guidelines, failing which, will lead to statutory and disciplinary action against them.

- For mandating journalists of news papers and print media to strictly follow the "Norms of Journalistic Conduct 2020" issued by Press Council of India and adhere to the guidelines, maintain physical distance between them as well as among the public, wear mask, gloves and PPE Kit (Personal Protection Equipment Kit) while taking interviews of interacting with public.

In view of the submissions made, the Court disposed of the plea by asking the petitioner to file a comprehensive representation, alongwith all material which placed before the Court before the Secretary, Ministry of Information and Broadcast, Government of India. The Court further asked the Ministry to examine the matter and decide it expeditiously.

Title: Samyant Jai v. Union of India and others

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